(영문) 부산지방법원 2014.11.27 2014가합4012

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(영문) 부산지방법원 2014.11.27 2014가합4012

보증채무금

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1. Defendants C and D shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from May 9, 2014 to the date of full payment.

Reasons

1. Basic facts

A. A. On May 2006, the Plaintiff entered into an investment contract with E Co., Ltd., a corporation operating an engineering work business, building work business, etc. (hereinafter “E”), under which E and E intend to construct and sell a factory site for F located in Yangsan-si as a factory site (hereinafter “instant business”). As to this, the Plaintiff entered into an investment contract with the content that the Plaintiff would make an investment of KRW 200 million with respect to the business that the Plaintiff intends to construct and sell the F located in Yangsan-si as a factory site

(hereinafter “instant investment contract”). The developer of the investment contract: E representative director G investor: The E refers to “A” and the investor A refers to “B” for the convenience of preparing the A contract.

1. “A” and “B” shall be the same until the completion of this project in the event they are transparent and sincere in carrying out the FF project.

2. A’s request to recover the investment amount of B at any time within two years shall be accepted at any time during the two-year period.

3.As a general rule, distribution of net profits shall be made in consultation with G and C, taking into account distribution issues of investment funds, contribution of 200 million won at the initial investment of B, contribution of 200 million won at the end of the settlement of the project.

Matters for reference: E representative director G and C at the time of land purchase.

B. On May 3, 2006, E prepared a certificate of borrowing KRW 200 million to the Plaintiff, and the Defendants signed and sealed or signed it as a observer.

C. After entering into the instant investment contract, on May 4, 2006, the Plaintiff remitted total of KRW 100 million to the Defendant C’s account, and the same year.

5.8. The total amount of KRW 100 million was remitted to E’s account.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4, and 5 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim against the Defendants

A. The plaintiff's assertion (1) is about the business of this case.

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